Category Archives: Risk Management

Hospitality Industry Property Risks: Texas Hotel's Insurance Company Sues "Irresponsible Hotel Guests" For Causing Fire Sprinklers To Flood 39 Rooms On Four Floors

“…the defendants damaged the hotel by hanging clothes on a fire sprinkler head mounted to the wall…the hanger broke the glass tube component in the sprinkler, which caused it to activate and release enough water to flood 39 rooms on four floors, a workout room and four corridors…”

An insurance company is suing over claims irresponsible hotel guests in River Oaks activated a sprinkler system, causing 39 rooms to flood. Lexington Insurance, on behalf of RLJ Development, filed a lawsuit on Monday, Jan. 23 in the Harris County District Court against Al J. Mizrahie, doing business as Belladonna U.S.A., and others, citing negligence.

Carpets, padding, drywall, baseboards, bedding, furniture and fixtures were damaged during the incident, the plaintiff claims.

For more:  http://ultimatemontrose.com/stories/315610-guests-accused-of-flooding-39-rooms-at-river-oaks-hampton-inn

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Filed under Guest Issues, Insurance, Liability, Maintenance, Management And Ownership, Risk Management

Hospitality Industry Legal Risks: Texas Hotel Sued For "Negligence" In "Slip-And-Fall" Accident

“…According to the brief, Rodriguez fell, while holding his son, when he slipped on algae growing on a walkway at the hotel…”

A Harris County man is suing over claims he was hurt while staying at a Spring-area extended-stay hotel.
Roy Rodriguez filed a lawsuit on Jan. 20 in Harris County District Court against Sun Suites of Green’s Point, and others, citing negligence.

Rodriguez says he suffered injuries as a guest at Sun Suites Extended Stay Hotel, located at 12010 Kuykendahl Road in Spring. Rodriguez is seeking damages and court costs. He is being represented in the case by Houston attorney Mehran “Mike” Talabi.

For more: http://www.ultimatespringtx.com/stories/315167-courts-spring-hotel-named-in-slip-and-fall-suit

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Filed under Injuries, Insurance, Liability, Maintenance, Management And Ownership, Risk Management

Hospitality Industry Property Risks: Texas Hotel Completes Installation Of "Shatter-Resistant" Window Panes That Can Withstand "Hurricane-Force Winds And Even Bomb Blasts"

Glass panels were removed from balconies on the 37-story, $300 million building in mid-2011 after eight panels shattered on three separate occasions in June, raining glass into the hotel´s pool area and onto adjacent streets.

Final repairs will soon begin on balconies at the W Austin Hotel and Residences, with workers set to install about 1,000 panes of specially engineered glass that can withstand hurricane-force winds and even bomb blasts, according to its manufacturer.

  • SentryGlas, a product from DuPont, was determined to be the right choice, Armstrong told the American-Statesman.
  • The contractors, not Stratus, will pick up the tab for the $2.5 million project, Armstrong said. About $500,000 has already been spent removing the original glass, as well as providing security guards and protective walkways while that work was under way.
  • SentryGlas has an interlayer that holds together shattered panes, according to Harvey. But, he said, its interlayer is much, much tougher than typical laminated glass — 100 times stiffer and five times stronger.
  • Instead of brackets on the sides, the glass will now be inset with stainless steel mounts at the top and bottom of each panel.

For more: http://www.glassonweb.com/news/index/14953/

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Filed under Claims, Insurance, Liability, Maintenance, Management And Ownership, Risk Management

Hospitality Industry Property Risks: Wisconsin Hotel "Stairwell Pipe Bursts" On Seventh Floor Damaging Eight Rooms

“… a pipe broke in a stairwell. Water poured out for at least ten minutes and ended up in the basement of the hotel.  Eight guest rooms had water logged carpets which will have to be torn out…”

The Pfister Hotel is dealing with a mess after a pipe burst and several rooms flooded Saturday. Clean up crews spent the day at the historic hotel in downtown Milwaukee Saturday.

Fans were brought in to help dry out other areas. The hotel itself is still open.  But the burst pipe foiled Tammy Spoek’s day at the hotel’s spa.  “I was down at the spa and i was hearing that there was water. Water’s coming from the ceilings. So she came to me and said Tammy, I’m really sorry but we’re going to have to cancel your appointment,” Tammy said.

Spoek says it appeared the pipe broke somewhere near the seventh floor.

Hotel management says they believe the burst pipe is due to the cold temperatures the last few days.

The Pfister’s computer system apparently went down.  But the hotel and its restaurants did remain open.

For more:  http://www.620wtmj.com/news/local/137827354.html

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Filed under Claims, Guest Issues, Insurance, Labor Issues, Maintenance, Risk Management

Hospitality Industry Legal Risks: "Class-Action Lawsuit" Filed Against New York Hotel And Water Park For "Norovirus Outbreak" Stemming From "Contaminated Food And Pool Water"

“…The state Department of Health documented more than 600 cases of norovirus in March 2008, apparently stemming from contaminated food and pool water at the park’s hotel complex…”

“…alleges that Great Escape, and its parent company Six Flags Inc., failed to maintain proper sanitary conditions and didn’t warn guests once the outbreak became known…”

Attorneys representing more than 100 people filed a class-action lawsuit Wednesday in state Supreme Court in Warren County against the Six Flags Great Escape Lodge & Indoor Waterpark over a 2008 norovirus outbreak.

“Here, many people, especially children, suffered brief but violent periods of illness,” said Don Boyajian, one of two attorneys representing those who were infected.

Those infected experienced brief but violent fits of vomiting and diarrhea.

Dozens of people filed lawsuits following the incident. Those claims were consolidated into a single case — the class-action lawsuit, which has been in the works since 2009.

Boyajian did not specify the amount of damages being sought. He said damages would depend on the virus’ impact on each individual.

Attorneys representing Great Escape were not available on Wednesday for comment.

Read more: http://poststar.com/news/local/class-action-lawsuit-filed-against-great-escape-over-norovirus-outbreak/article_997adaa2-4226-11e1-8bea-0019bb2963f4.html#ixzz1juoN2fka

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Filed under Claims, Food Illnesses, Guest Issues, Health, Insurance, Labor Issues, Liability, Management And Ownership, Risk Management

Hospitality Industry Legal Risks: Restaurant Group Loses Appeal To Supreme Court Over "Minimum Wage" Lawsuit Regarding "Underpayment Of Tip Income"

Many…employees claimed that, because they spent more than 20% of their time performing duties such as cleaning and prepping, they should earn full minimum wage during hours worked without tips.

Applebee’s turned to the Supreme Court in October seeking to overturn an earlier ruling from a federal court of appeals in Missouri allowing the case to proceed to trial in September. The company claims that prep work and cleanup is part of employees’ tip-earning responsibilities.

The Supreme Court on Tuesday turned down an appeal from Applebee’s International Inc., which is battling a lawsuit from more than 5,500 bartenders and servers accusing the restaurant chain of underpaying them.

The high court declined to hear Applebee’s case, which focuses on a practice in which restaurants pay employees reduced minimum wage by factoring in the extra boost provided by tips.

Known as a “tip credit,” the practice is banned in states such as California and Minnesota but permitted in Missouri, where many of the plaintiffs work.

For more:  http://www.latimes.com/business/money/la-fi-mo-applebees-supreme-court-20120117,0,6981441.story

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Filed under Claims, Labor Issues, Liability, Management And Ownership, Risk Management

P3 Hospitality Industry Risk Report: “Hotel Power Outage Checklist” Presented By Director Of Risk Management Todd Seiders Of Petra Risk Solutions (Video)

[vimeo http://www.vimeo.com/52513104 w=500&h=281]

Petra Risk Solutions’ Director of Risk Management, Todd Seiders , offers a P3 Hospitality Risk Report – ‘Hotel Power Outage Checklist’. 

P3 (Petra Plus Process) is the Risk Management Division of Petra Risk Solutions – America’s largest independent insurance brokerage devoted exclusively to the hospitality marketplace.

 For more information on Petra and P3 visit petrarisksolutions.com or call 800.466.8951.

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Filed under Guest Issues, Insurance, Maintenance, Management And Ownership, Risk Management, Training

Hospitality Industry Legal Risks: Texas Hotel Sued By Family Of Housekeeper Who Died Falling Down Service Elevator Shaft; State Required Inspection Two-Weeks Overdue

“…Gloria Rodriguez, 65, had been an employee at the Crockett Hotel for 12 years when she fell six stories down the service elevator shaft Dec. 28. The elevator’s state-required annual inspection was more than two weeks overdue at the time…”

The family of a Crockett Hotel housekeeper who plunged to her death down an open elevator shaft last month has filed a wrongful death lawsuit.

Named in the suit are New Jersey-based Otis Elevator Company and 1859-Historic Hotels Ltd., a Galveston-based company that owns the Crockett Hotel and the nearby Menger Hotel in downtown San Antonio.

“Based upon current information, it is believed that she attempted to get on the elevator but when the doors opened there was no elevator, causing her to fall,” Houston-based attorney James Hada wrote in the suit, filed Wednesday.

Read more: http://www.mysanantonio.com/news/local_news/article/Wrongful-death-suit-filed-for-fatal-elevator-2519149.php#ixzz1jSJFD4KN

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Filed under Claims, Injuries, Insurance, Labor Issues, Liability, Maintenance, Management And Ownership, Risk Management

Hospitality Industry Theft Risks: California Hotel Robbery Suspect Entered Guest Rooms Through "Open Doors" And "While Faking A Disability To Avoid Suspicion"

“… in rooms where guests left without closing their doors tightly, jewelry, watches, electronics and wallets were missing. “He had credit cards from some of the victims, we believe he was involved in fraud and identity theft.”

“…Hotel workers told us they believe Hudson used a handicapped placard on his car, and walked with a limp. They speculate that is because of his apparent disability. Some hotel patrons may have opened side doors and let him in…”

Fresno police have arrested a suspect in a series of burglaries in hotels and motels in the Central Valley. Police have linked James McGovern to burglaries at three hotels in Fresno. He’s also a suspect in burglaries in Kingsburg, Clovis, Madera and Chowchilla.

Police think McGovern slipped in through side doors as guests left, and then walked the halls, looking for targets. Fresno Police Sergeant Mark Hudson told Action News the Airport Holiday Inn, The Marriot Courtyard and Homewood Suites in Fresno were among those McGovern hit. “He was going into these hotels and just checking for open doors, maybe where maids had been in going in stealing the TV’s.”

For more: http://abclocal.go.com/kfsn/story?section=news/local&id=8503146

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Filed under Claims, Crime, Guest Issues, Labor Issues, Liability, Management And Ownership, Risk Management, Theft

Hospitality Industry Legal Risks: Washington State Supreme Court To Hear Restaurant Operator's "Products Liability And Negligence Lawsuit"; Employee "Spat On Hamburger"

An appeals court asked a state supreme court for help in deciding whether to revive a case by a police officer against Burger King over a Whopper he says a worker spat on.

Bylsma sued Burger King and restaurant operator Kaizen Restaurants Inc under products liability and negligence laws. He said he suffered ongoing emotional trauma from the incident, including vomiting, nausea, food anxiety and insomnia that required professional help.

The U.S. Court of Appeals for the 9th Circuit on Wednesday asked the Washington Supreme Court to clarify whether Washington law would allow the officer to recover damages for emotional harm when he only touched, but did not eat, the contaminated burger.

Clark County Sheriff’s Deputy Edward Bylsma said in the lawsuit that he drove his police cruiser through a Burger King drive-thru in Vancouver, Washington, in March 2009. He had “uneasy feeling” about the two employees that served him, the complaint said. When Bylsma later examined the burger, he noticed a large glob of spit on the meat patty. He touched the substance, but did not eat the burger.

DNA testing revealed the saliva belonged to one of the Burger King employees, who pled guilty to assault and was sentenced to 90 days in jail, the court opinion said.

For more: http://newsandinsight.thomsonreuters.com/Legal/News/2012/01_-_January/9th_Circuit_asks_state_court_to_weigh_in_on_Whopper_spit_suit/

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Filed under Claims, Employment Practices Liability, Food Illnesses, Guest Issues, Health, Injuries, Insurance, Labor Issues, Liability, Risk Management